J. I. Case Threshing Machine Co. v. Rosso

Jackson, C.

The action is one in replevin instituted in the district court. No affidavit was filed. The petition,'in substance, recites' the execution and delivery of a chattel mortgage on the property taken; contains a description of the property and of the notes secured thereby; that the plaintiff claimed a special interest in the property by virtue of the mortgage and was entitled to immediate possession of the same; that the property was of-the value of $1,500; that the defendant wrongfully detained the same and refused to yield possession, although the indebtedness secured by the mortgage…